skip to content

Refine results

Search by

Search by Algolia
     
    Law Handbook banner image

    Annulment

    What is an annulment?

    An application for an annulment (also called a decree of nullity) is an application for an order from the court that the marriage be declared invalid.

    On what grounds can a marriage be declared invalid?

    Invalidity may result from any one of the following:

    • either partner was not of marriageable age;
    • bigamy (that is, one partner was already married at the time of the marriage ceremony);
    • the people were within a prohibited relationship (such as sisters marrying brothers, parents marrying children, half-brothers marrying half-sisters);
    • either or both of the parties did not consent (the marriage took place through fraud, duress, mistake or mental incapacity);
    • the ceremony was invalid (for example, the celebrant was not properly appointed).

    Can a party to an annulled marriage, re-marry?

    Partners to a void or invalid marriage may remarry at any time without entering a bigamous relationship [Family Law Act 1975 (Cth) s 71].

    Can a party to an annulled marriage still apply for orders about children or property?

    A partner to a void (annulled) marriage is still able to institute proceedings in the Family Law Courts for orders about children, maintenance and property [Family Law Act 1975 (Cth) s 71].

    A child of a void marriage is covered by the Family Law Act 1975 (Cth) [ss 60E, 60F].

    Annulment  :  Last Revised: Tue Dec 18th 2018
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

    We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.


    South Australia flag     Aboriginal icon     Torres Straight icon     LGBT icon     Disability icon   Disability icon

    Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.

           Connect with us

    • Facebook icon
    • Twitter icon
    • YouTube
    • LinkedIn

    We're looking for people to test our website.
    If you live in South Australia we want to hear from you.

    Details:

    To register your interest in participating in this research,
    and to be conducted by Portable please complete,
    Portable's Recruitment Form.

    Yes